However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On July 19, 2011, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act, etc. at the Incheon District Court’s Busan District Court’s Branch Branch on July 19, 201, and a summary order of KRW 2 million with a fine of KRW 1 million due to a violation of the Road Traffic Act.

Although the Defendant was in violation of the provision on the prohibition of driving under the influence of alcohol, at around 21:58 on December 7, 2019, the Defendant driven a DNA car under the influence of alcohol with approximately 4km from the Defendant’s house located in the Southern-gu Incheon Metropolitan City, Seoul, to the front road of the Namdong-gu, Incheon, to KRW 0.172% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Attachment to criminal records of a suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to attend lectures;